PUBLIC OFFICIALS WHO CANNOT ENGAGE IN THE PRIVATE PRACTICE OF LAW IN THE PHILIPPINES:

-JUDGES AND OTHER OFFICIALS AS EMPLOYEES OF THE SUPREME COURT(RULE 148, SEC. 35, RRC).

- OFFICIALS AND EMPLOYEES OF THE OSG(IBID.)

- GOVERNMENT PROSECUTORS(PEOPLE V. VILLANUEVA, 14 SCRA 109).

- PRESIDENT, VICE-PRESIDENT, MEMBERS OF THE CABINET, THEIR DEPUTIES AND ASSISTANTS(ART. VIII SEC. 15, 1987 CONSTITUTION).

-MEMBERS OF THE CONSTITUTIONAL COMMISSION(ART IX-A, SEC. 2, 1987 CONSTITUTION)

-OMBUDSMAN AND HIS DEPUTIES(ART. IX, SEC. 8 (2NDPAR), 1987 CONSTITUTION)

-ALL GOVERNORS, CITY AND MUNICIPAL MAYORS(R.A. NO. 7160, SEC. 90).
THOSE PROHIBITED BY SPECIAL LAW
 PUBLIC OFFICIALS WITH RESTRICTIONS IN
THE
1.
PRACTICE OF LAW
NO SENATOR AS MEMBER OF THE HOUSE OF REPRESENTATIVE MAY PERSONALLY APPEAR AS
COUNSEL BEFORE ANY COURT OF JUSTICE AS BEFORE THE ELECTORAL TRIBUNALS, AS QUASI-
JUDICIAL AND OTHER ADMINISTRATION BODIES (ART. VI, SEC. 14, 1987 CONSTITUTION).
2. UNDER THE LOCAL GOVERNMENT CODE (RA 7160, SEC. 91)SANGGUNIAN MEMBERS MAY
PRACTICE THEIR PROFESSIONS PROVIDED THAT IF THEY ARE MEMBERS OF THE BAR, THEY SHALL
NOT:
1. APPEAR AS COUNSEL BEFORE ANY COURT IN ANY CIVIL CASE WHEREIN A LOCAL
GOVERNMENT UNIT OR ANY OFFICE, AGENCY, OR INSTRUMENTALITY OF THE GOVERNMENT IS THE
ADVERSE PARTY;
2. APPEAR AS COUNSEL IN ANY CRIMINAL CASE WHEREIN AN OFFICER OR EMPLOYEE OF THE
NATIONAL OR LOCAL GOVERNMENT IS ACCUSED OF AN OFFENSE COMMITTED IN RELATION TO HIS
OFFICE;
3. COLLECT ANY FEE FOR THEIR APPEARANCE IN ADMINISTRATIVE PROCEEDINGS INVOLVING THE
LOCAL GOVERNMENT UNIT OF WHICH HE IS AN OFFICIAL;
4. USE PROPERTY AND PERSONNEL OF THE GOVERNMENT EXCEPT WHEN THE SANGGUNIAN
MEMBER CONCERNED IS DEFENDING THE INTEREST OF THE GOVERNMENT.
3. UNDER RA 910, SEC. 1, AS AMENDED, A RETIRED JUSTICE OR JUDGE RECEIVING PENSION
FROM THE GOVERNMENT, CANNOT ACT AS COUNSEL IN ANY CIVIL CASE IN WHICH THE
GOVERNMENT, OR ANY OF ITS SUBDIVISION OR AGENCIES IS THE ADVERSE PARTY OR IN A
CRIMINAL CASE WHEREIN AN OFFICER OR EMPLOYEE OF THE GOVERNMENT IS ACCUSED OF AN
PEOPLE OF THE PHILIPPINES VS SIMPLICIO
VILLANUEVA
G.R. NO.
IN 1959, L-19450 WAS
VILLANUEVA CHARGED
MAY 27,
WITH1965
MALICIOUS
MISCHIEF IN THE MUNICIPALITY OF ALAMINOS IN
LAGUNA. IN SAID CASE, THE PRIVATE OFFENDED
PARTY ASKED HIS LAWYER FRIEND, ARISTON FULE TO
PROSECUTE SAID CASE. APPARENTLY, FULE WAS THE
FISCAL IN SAN PABLO, LAGUNA. VILLANUEVA THE
OPPOSED THE APPEARANCE OF FULE AS COUNSEL
FOR THE OFFENDED PARTY AS HE SAID THAT
ACCORDING TO THE RULES OF COURT WHEN AN
ATTORNEY HAD BEEN APPOINTED TO THE POSITION
OF ASSISTANT PROVINCIAL FISCAL OR CITY FISCAL
AND THEREIN QUALIFIED, BY OPERATION OF LAW, HE
ISSUE:WHETHER OR NOT
HELD:NO. PRIVATE PRACTICE OF LAW IMPLIES THAT
ARISTON
ONE MUST HAVE FULE IS ENGAGED
PRESENTED INTHE
HIMSELF TO BE IN
ACTIVE AND CONTINUED PRACTICE OF THE LEGAL
PRIVATE LAW
PROFESSION AND THATPRACTICE .
HIS PROFESSIONAL SERVICES
ARE AVAILABLE TO THE PUBLIC FOR A COMPENSATION,
AS A SOURCE OF HIS LIVELIHOOD OR IN
CONSIDERATION OF HIS SAID SERVICES. IN THE CASE
AT BAR, FULE IS NOT BEING COMPENSATED BUT
RATHER HES DOING IT FOR FREE FOR HIS FRIEND WHO
HAPPENED TO BE THE OFFENDED PARTY. PRACTICE IS
MORE THAN AN ISOLATED APPEARANCE, FOR IT
CONSISTS IN FREQUENT OR CUSTOMARY ACTIONS, A
SUCCESSION OF ACTS OF THE SAME KIND. IN OTHER
WORDS, IT IS FREQUENT HABITUAL EXERCISE.